PLEASE READ THESE TERMS AND CONDITIONS (HERETO REFERRED AS “TERMS”) CAREFULLY BEFORE USING THE WEBSITES OFFERED BY ECOFUND.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF ECOFUND’S WEB SITE
www.ecofund.org (THE “WEBSITE”) AND THE SERVICE OWNED AND OPERATED BY ECOFUND (COLLECTIVELY WITH THE WEBSITE, THE “SERVICE”).
BY USING THE WEBSITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. THE TERMS APPLY TO ALL USERS OF THE WEBSITE.
Definitions
Ecofund is a nonprofit association (eingetragener Verein e.V.) registered at Amtsgericht Karlruhe in Germany.
The website is Ecofund’s website www.ecofund.org made available by Ecofund in order to present Ecofund’s work and to facilitate donations to Ecofund’s projects.
Champion is the local person or association who initiated and will implement the Ecoproject together with Ecofund.
Ecoproject is an Ecofund project implemented together with the Champion and the Ecopartner aiming at producing a positive impact on our ecosystem.
Ecopartner is an Ecofund approved organization or individual(s) who are backing the
ecoproject. They build a partnership with the champion and monitor the
project for Ecofund. Ecopartners are recognized for their professional
knowhow and track record of management of (eco)projects.
Backer is a user of the Website, who funds an ecoproject and thus the Ecofund’s work.
Ecofund’s community are champions, ecopartners, and last but not least backers, like you, around the world.
Content includes, but is not limited to, the content on the Website and any User Submissions such as videos, audio clips, written comments, information, data, text, photographs, scripts, graphics, provided, or otherwise made accessible by Ecofund or by its partners on or through the Website.
Deadline is the maximum time an ecoproject is published for fund raising on the Website.
Acceptance of Terms
The Website offered is subject to acceptance without modification of all of the Terms contained herein, which terms also incorporates our Privacy Policy available on the Website, and all other operating rules, policies and procedures that may be published periodically on the website by Ecofund, each of which may be updated by Ecofund without notice to you.
The Website is available only to individuals who are at least 18 years old. You certify that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful.
Ecofund may, at its sole discretion, refuse to offer the Website to any person or entity and change its eligibility criteria at any time. This provision is invalid where prohibited by law and the right to access the Website is revoked in such jurisdictions.
Modification of Terms
Ecofund reserves the right, at its sole discretion, to modify or replace any of the Terms, or change, suspend, or discontinue the Website (including, but not limited to , the availability of any feature, database, or content) at any time by announcing such changes by the below effective date.
Ecofund may also impose limits on certain features of its Website or restrict your access to parts or the entire Website without notice or liability.
It is your sole responsibility to check the Terms for changes. You agree to review the Terms periodically to ensure you are aware of any changes. Your continued use of the Website following the posting of any changes to the Terms constitutes acceptance of those changes and an agreement to be legally bound by the Terms as updated and/or amended.
Rules and Conduct
As a condition of use, you promise not to use the Website for any purpose that is prohibited by the Terms. The Website is provided only for your own personal, non-commercial use.
You are responsible for all of your activity in connection with the Website. By way of example, but not limited to, you shall not and shall not permit any third party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Website, including without limitation any user submission, that:
- Violates copyright or any law or contractual duty;
- You know is false, misleading, untruthful or inaccurate;
- Is abusive, defamatory, obscene, offensive, or profane and invasive of another’s privacy;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of the website or obtain unauthorized access to any system, data, password or other information of Ecofund or any third party;
- Criticizes, harasses or abuses any person or entity, including any employee or representative of Ecofund.
Additionally, you shall not take any action that may:
- impose (as determined by Ecofund at its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
- bypass any measures Ecofund may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website);
- run Mail list, any form of auto-responder or «spam» on the Website;
- use manual or automated software, devices, or other processes to «crawl» or «spider» any page of the Website.
You shall not (directly or indirectly):
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the limited extent that applicable laws specifically prohibit such restriction;
- modify, translate, or otherwise create derivative works of any part of the Website;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, national and international laws and regulations.
Ecofund does not guarantee that any Content or user submissions (as defined above) will be made available on the Website or through the Website. Ecofund has no obligation to monitor the Website, Website, Content, or User Submissions.
However, Ecofund reserves the right to (i) remove, edit or modify any Content at its sole discretion, including without limitation any user submissions, from the Website or Website at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Ecofund is concerned that you may have violated the Terms), or for no reason at all and (ii) to remove or block any User Submissions from the Website.
Registration
Registration on the Website is free of charge.
You may browse the Website and view Content without registering, but as a condition to using certain aspects of the Website, in particular donations, you will be required to register with Ecofund. You shall provide Ecofund with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Ecofund account.
You shall not:
- select or use a name or E-mail address of another person with the intent to impersonate that person;
- use as a name subject to any rights of a person other than you without appropriate authorization;
- use as a name that is otherwise offensive, vulgar or obscene.
Ecofund reserves the right to refuse registration of a registrant, or cancel a user account at its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Ecofund password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Ecofund in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Fund-Raising
Ecofund, in collaboration with its ecopartners, implements ecoprojects according to the guidelines posted on the Website. Selected ecoprojects reflecting Ecofund’s work are published on the Website.
The Website helps Ecofund to raise fund for its ecoprojects.
When you donate funds to Ecofund for a specific ecoproject, we consider you support Ecofund’s work at the whole, and thus you approve of and support all featured projects with a preference for a specific one. If your preferred project is canceled, Ecofund will use your donation for other projects.
For each individual ecoproject, Ecofund fixes a deadline until the full project financing is required. Ecofund reserves the right to prolong the deadline.
All funds donated are collected by secured, certified and independent online payment services and transferred to Ecofund’s bank account. Ecofund shall not be liable for your interactions with the online payment services. Ecofund makes no guarantees regarding the performance or fairness of the online payment services. Additionally, because of occasional failures of online payment services, Ecofund cannot guarantee the full receipt of the donated funds.
All ecoprojects and ecopartners are thoroughly evaluated and selected by Ecofund. Ecofund employs its entire means to oversee the performance and punctuality of ecoprojects.
However, Ecofund shall not be liable for actions of a champion or an ecopartner featured the Website.
Ecofund is under no obligation to become involved in disputes between Backers and Champions, or between Website users and any third party. In the event of a dispute, you release Ecofund, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Website.
Ecofund reserves the right to cancel, interrupt or suspend an ecoproject at any time when it becomes unfeasible or for reasons such as political or natural disaster or any other reason without refunding all associated users’ donations.
Donation receipt
Ecofund is a nonprofit tax exempted Association based in Germany. Donations to Ecofund are therefore tax exempted for German donors.
The Donation receipt will be issued only for donations exceeding EUR 200 and after Ecofund’s bank or PayPal account has been credited.
Donation receipts will be issued retrospectively at the end of each calendar year.
Ecofund does not guarantee the applicability of tax privilege of the Donation.
Ecoproject’s Costs and Transaction Fees
Ecoproject target amount - as featured on the Website – includes the costs of all items and actions needed to successfully implement the ecoproject. Furthermore, they include transaction costs related directly to the Ecoproject such as, but not limited to, communication, online payment fees and bank transfer costs. Consequently, you agree that up to 15% of your donated funds serve to cover Ecoproject’s transaction costs as described above.
Ecofund’s overall management and development costs include the costs of maintenance and further development of the Website. Furthermore, they also include costs for external Websites and costs for communication and administration. Ecofund’s management and development costs are met by the benevolent work of the Ecofund team, financial contribution of associates, voluntary donations, and sponsors. We therefore welcome your donations to Ecofund.
Third Party Site
The Website may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website. When you access third party websites, you do so at your own risk.
These other websites are not under Ecofund’s control, and you acknowledge that Ecofund is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Ecofund shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or Websites available on or through any such website or resource.
Content and License
Ecofund respects the intellectual property of others, and we ask our users to do the same. Ecofund may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe on the intellectual property rights of others.
Ecofund will remove infringing materials in accordance with the Copyright Law of the European Union if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ecofund with a written notification. You acknowledge that if you fail to properly notify, your notification or counter-notification may not be valid and that Ecofund may ignore an incomplete or inaccurate notices without liability of any kind. Please email Ecofund any infringement notifications or counter-notifications at contact@ecofund.org
Intellectual Property Rights
The Website provides you with the ability to publish your content on the Website. Ecofund will not have any ownership rights in your content, however, Ecofund needs the following license to perform the Website. You hereby grant to Ecofund the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to):
- use, host, display, and otherwise perform the Website on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit («Host») the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text («Artworks») in connection with the Website);
- (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks;
- use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Website.
You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your content to the Website or the Ecofund’s Hosting of the content as contemplated by these Terms.
To enable Ecofund to Host your content pursuant to the above provisions, you hereby grant to Ecofund the worldwide, non-exclusive, perpetual, royalty-free, sub licensable and transferable right to use, reproduce, copy, and display your trademarks, Website marks, slogans, logos or similar proprietary rights (collectively, the «Trademarks») solely in connection with the Website.
Governing Law
These Terms shall be governed by and construed in accordance with the German laws.
Effective Date: January 1, 2016